BACKGROUNDER

CHILD PROSTITUTION

These improvements are a first step in the federal response to a joint federal-provincial-territorial consultation, "Dealing with Prostitution in Canada." While the consultation is still ongoing, the need to deal with child (under 18) prostitution has become increasingly apparent.

The changes proposed in this Bill are aimed to protecting children from adult predators, who seek children for sexual services or exploit young prostitutes for economic gain. They would make it easier to apprehend customers of young prostitutes by amending a Criminal Code provision to make it illegal to attempt to procure the sexual services of someone who is under the age of 18 or who the customer believes is under that age. A new offence of "aggravated procuring," which would carry a 5 year minimum sentence, would also be created for those who, for their own profit and while living on the avails of child prostitutes, use violence and assist in carrying out prostitution-related activities. Special protections to ease the burden for young complainants testifying in court will be made available to child prostitutes testifying against their exploiters. These protections could involve testifying from behind a screen or other less intimidating methods like using videotape or closed circuit television.

In addition, efforts are being made to increase the awareness of justice personnel regarding the exploitation and victimization resulting from prostitution. These include:

- developing models to provide training for police, prosecutors, judges and social workers involved with young prostitutes;

- encouraging provinces and territories to create strong police Crown-child welfare partnerships to deal with prostitution cases involving children;

- in cooperation with provinces, developing an enforcement guide for the use of police and prosecutors in child prostitution cases; and

- encouraging provincial authorities to dedicate resources to fighting child prostitution and to rigorously enforce Criminal Code provisions focusing on pimps and customers of child prostitutes.

CHILD SEX TOURISM

The Criminal Code already addresses certains aspects of "sex tourism". More particularly, section 212 could apply to tour operators or travel agents offering sex tours, since subsections (1) (a) and (g) specifically provide that "every one who (a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada; (g) procures a person to enter or leave Canada, for the purpose of prostitution;... is guilty on an indictable offence and liable to imprisonment for a term not exceeding ten years". Depending on circumstances, these subsections could apply to the persons who make sex tours available.

However, the provisions of the Criminal Code do not apply to offences committed outside Canada, unless otherwise provided by legislation. Consequently, section 7 of the Code will be amended to provide Canadian courts extra-territorial jurisdiction in relation to Canadian nationals and permanent residents who obtain or attempt to obtain, outside Canada, the sexual services of a person who is under the age of eighteen years.

CRIMINAL HARASSMENT

Under the criminal harassment provision of the Criminal Code, it is illegal to cause someone to reasonably fear for their safety or the safety of anyone known to them by following them from place to place, repeatedly communicating with them, watching or besetting their home or place of work or threatening them or their family members in any way. Criminal harassment is a hybrid offence which can be prosecuted as an indictable offence liable to imprisonment for up to five years or it can be prosecuted as a summary conviction offence.

Initial experience with the anti-stalking legislation adopted in 1993 indicates that its effectiveness can be improved. Federal/Provincial/Territorial Ministers responsible for Justice recently considered proposals for several administrative and legislative reforms, including those proposals contained in this Bill. More recently, at the August, 1995 meeting of the Criminal Law Section of the Uniform Law Conference, a resolution was adopted which called for a first degree murder conviction for a murder committed during the course of stalking activities considered to be serious.

This bill follows a commitment made earlier this year by Minister Rock and responds to recommendations made by these and other partners in the criminal justice system. It proposes that a court imposing sentence on a person who is convicted of stalking while under a restraining order (peace bond) shall treat that as an aggravating factor. Additionally, a person who commits murder while stalking, in circumstances where he or she intended to make the victim fear for their safety or the safety of others (for example, the victim's children), can be found guilty of first degree murder, whether or not it can be proved that the murder itself was planned and deliberate. First degree murder carries a mandatory penalty of life imprisonment, with no eligibility for parole for 25 years.

FEMALE GENITAL MUTILATION

The Criminal Code is being amended to specifically state that the practice of female genital mutilation is illegal in Canada. Female genital mutilation is a practice which involves excising or mutilating the genitals of female infants or children. This practice can cause severe and irreversible health problems.

This amendment will serve as a useful tool in our efforts to clarify that the practice is illegal and to educate Canadians regarding the health risks associated with this practice. In addition to the Criminal Code amendments, the government is actively involved in an educational program available to the communities where the practice is more prevalent.

Communications and Executive Services Branch
Department of Justice
April 1996